Our Country Circulation Market Regulatory Risk And Coping Research

After the founding of New China, especially after30years of reform and opening up after the Third Plenary Session of the Eleventh Central Committee, established the goal of a socialist market economic system reform, Chinese economic, political, cultural, social and other fields have achieved rapid development, people’s living standards rises obviously, society is harmonious and progressive, a great miracle created in the history of the world. At the same time, with the rapid development of socialist market economy, our country has entered a critical period of social transformation. The market economy environment is more and more complex. All kinds of social contradictions interwoven, sudden mass incidents happen frequently, manifestation is tending to be intensive. They are seriously impacting on the process of harmonious society construction.Of which, including retail, wholesale, auction industry, including circulation, are closely related to the broad masses of the people’s life and property safety, they are vulnerable to a high degree of attention of the people, the risk point is relatively large, the administrative department for industry and commerce is main regulators. In recent years, Chinese dairy melamine incident, Haikou "arsenic door" event, shanghai "tainted steamed buns" event, Shuanghui clenbuterol events and so on are one trouble after another, which are always tingling nerves of the people. Among circulation regulatory authorities, the task of the administrative department for industry and commerce is becoming increasingly difficult, the demand is higher and higher, the risk is increasing, the current regulatory philosophy of the business sector, means of supervision, monitoring technology and regulatory team have far unable to keep up with the needs of the development of the situation. In recent years, the administrative department for industry and commerce is in the discharge of duties in the frequent occurrence of the cadre malfeasance. Cases of administrative reconsideration and administrative litigation are more and more. Some law enforcement cadres were to be accountable, the reason is negligence, dereliction of duty and others, government regulators are feeling the pressure. So, from the perspective of the industry and commerce administration, seriously study the risk points in circulation in the market regulatory process and risk warning, response measures to better safeguard the order of the socialist market economy, to build a safe, harmonious, rest assured, comfortable consumer environment is for the masses, which has important theoretical and practical significance.Since ancient times, China attaches great importance to the supervision of the circulation market. As early as in ancient Qi proposed the basic national policy of "industrial and commercial nation", and in institutional settings, establishing a new system, market regulation, and other aspects, a more mature industry and commerce administration system was formed. In the1930s, National Government was set up respectively the Ministry of Economic Affairs, Ministry of Commerce and Industry, to fulfill the industrial and commercial administrative functions, to strengthen market supervision circulation. After the founding of New China, across the country has set up the Trade and Industry Bureau, to administrate management of industrial and commercial enterprises, industrial and commercial administrative work had been severely damaged after the outbreak of the "Cultural Revolution", the work came to a standstill, the Trade and Industry Bureau of the vast majority of merger or revoked. After the Third Plenary Session of the Eleventh Central Committee of the Party, to resume industrial and commercial administrative bodies are responsible for the circulation market supervision and administrative enforcement functions. In the international arena, the United States, Germany, Japan and other Western developed market economies of the start of the study of the circulation market supervision is earlier, has accumulated a wealth of experience that we can learn and learn.Although the circulation market supervision has made some achievements, the order of the market economy is generally stable and orderly, but, in the circulation market there are still many risk points, the access to the main players in the market, the administrative law enforcement, administrative confirmation of market players operating The behavior of market players to exit behavior as well as network economy, prepaid consumption special supervision in the field of risk has been very serious. Of course, due to the impact of a wide range of both traditional feudal remnants thought, the modern market economy, environmental incentives to join the WTO brings challenges, service-oriented government building wave of social and historical factors, cadre management system, market supervision system divided unclear, Business to ensure funding for the system, the implementation of strict internal management systems and other management system sound effects; limited role of both internal oversight mechanisms, social supervision mechanism is not perfect, risk control mechanism is difficult to implement the mechanism of supervision and not perfect part of the laws and regulations for Industry and Commerce content lag, industrial and commercial law enforcement procedural requirements is not clear enough, Chief the penalty discretion overly large, the impact of local policy interventions impact of laws and regulations lag; protectionist pressures of both local government and relevant departments functions missing bit offside and dislocation, the administrative relative person self-protection awareness gradually increased,the serious lack of non-governmental organizations, the administrative allocation of resources relative imbalance law enforcement adverse environmental factors and operational capacity of the contingent of cadres, political sensitivity, according to the law to fulfill vocational consciousness, Administrative Morals, risk prevention capacity weakening impact. For these reasons, learned from the advanced experience and practice, and a learning education system is necessary to improve and enhance the awareness of risk prevention and market supervision capacity, to strengthen ideological and political education, to strengthen business knowledge education, to strengthen ethics education; Second, we must strengthen the legal system, and the establishment of improving the legal system is compatible with the market mechanism, standardize administrative discretion, strengthen law enforcement efforts to standardize law enforcement activities; Third, we must improve the market regulatory system, improve circulation market monitoring effectiveness, and clearly define and improve the functions of the government to improve the cadre and personnel system,improve the financial management system; Fourth, we need to establish to improve the law enforcement supervision and control system, improve law enforcement the Fault accountability mechanisms, and severely punish cadres violation of discipline, and perfect the mechanism of supervision of the masses, and strengthen supervision of the internal disciplinary prosecutions, strengthen supervision by public opinion; Fifth, we must establish and improve communication coordination mechanism for the formation of law enforcement and regulatory work together to reinforce the rising communication, actively seek the understanding and support of the Party committees and governments, establish and improve the sector by strengthening parallel communication linkage cooperation mechanism established by strengthening the internal communication to improve business in consultation with the exchange mechanism; sixth,To optimize the environment for law enforcement optimize the resource allocation of administrative law enforcement, increased press and propaganda, and to enhance the social image of the business sector; seventh,to strengthen the management of risk prevention, the establishment of risk identification and assessment, risk monitoring and early warning, risk disposal and response, risk aversion and transfer risk monitoring and accountability mechanism to build dynamic risk management system with industrial and commercial characteristics.It also brings a certain influence because the autonomous areas circulation areas of the market has the particularity and difference in the regulatory environment, subject to the regulations, and regulatory powers, the administrative department for industry and commerce administrative enforcement and market supervision must start to create a special path, external atmosphere, conducive to market supervision, give full play to the positive role of the national Industrial and Commercial cadres, to strengthen national grass-roots infrastructure, to strengthen bilingual administrative services, and to explore actively the field of national regional circulation market supervision and risk prevention.